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HomeMy WebLinkAboutMinutes City Council - 08/28/1984City of Corpu sti I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of August 7, 1984 thru August 28, 1984 inclusive and having been previously approved by Council action, are by me hereby approved as itemized. August 07, 1984 - Special Council Meeting August 07, 1984 - Regular Council Meeting August 14, 1984 - Regular Council Meeting August 21, 1984 - Regular Council Meeting August 28, 1984 - Regular Council Meeting MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 28, 1984 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner ** Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik Mayor City Hall. City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Luther Jones called the meeting to order in the Council Chamber The invocation was given by Reverend Evan Henderson of of Grace Community Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Joe McComb. Mayor Jones announced the presentation to be made to the Director of Finance, Mr. Charles J. Daley. City Manager Edward Martin explained that three major financial goals had been achieved by the Director of Finance: (1) Improved bond rating; (2) Put on line the complete new financial acccounting system; (3) Gained for the City of Corpus Christi the Certificate of Conformance from the Government Finance Officers Association. He stated that this is the highest recognition in governmental accounting. City Manager Martin informed the Council that Director of Finance, plans to retire in January of Certificate of Conformance was achieved by him and Finance, Mrs. Debra Andrews. He stated that he felt Mr. Daley to receive this award and he asked presentation. Mr. Charles J. Daley, the 1985. He stated that this the Assistant Director of that it was appropriate for Mayor Jones to make the MICROFILMED tes ,alar Council Meeting August 28, 1984 Page 2 Mayor Jones then presented the certificate to Mr. Daley and expressed appreciation to him for this conformance which was instrumental in increasing the City's bond ratings. He stated that Mrs. Debra Andrews, Assistant Director of Finance, had received this certificate also but was unable to be present. City Manager Martin stated that during the morning Workshop Meeting, he had recommended confirming the appointment of Mr. Juan Garza to succeed Mr. Daley. Mayor Jones explained that the City Charter requires that certain officials appointed by the City Manager be confirmed by the City Council and the Director of Finance is one of the positions. A motion was made by Mayor Pro Tem Turner to confirm the appointment of Mr. Juan Garza to the position of Director of Finance. The motion was seconded by Council Member Brown and passed unanimously. Mayor Jones then administered the oath to the following new appointees to City Boards and Commissions: Human Relations Commission, Mr. Michael Quillin and Miss Michelle Villarreal; Planning Commission, Mr. Arnold Moreno. Mayor Jones called for Board and Committee appointments and briefly reviewed those discussed during the morning workshop Meeting. A motion was made by Mayor Pro Tem Turner that the following appointments be confirmed, seconded by Council Member Brown and passed unanimously by those present and voting: Electrical Advisory Board: Term: Christine Wisian (at large) 12-31-84 Kenneth A. Haley (home builder) 12-31-84 Nick V. Fernandez (electrical engineer) 12-31-84 Human Relations Commission: (Appointed by the Mayor) Debbie Cruz (Youth) 6-14-85 Landmark Commission: Gabriel Rivas, III 11-20-85 Planning Commission: Michael J. Clayborne 7-31-86 tes alar Council Meeting August 28, 1984 Page 3 Solicitations Commission: Olga Gonzales Water Allocation & Review Committee: David Bonilla (alt. - At Large) Jan Patton (alt. - Business) August Meinrath (alt. - Industry) Mayor Jones announced the bid opening on the 1. Furman School Area Street Improvement proposed for reconstruction under this Block Grant project are as follows: 7-10-87 following engineering project: Project - Residential streets 10th Year Community Development llth Street, from Morgan Avenue to Morris Avenue 12th Street, from Craig Street to Morris Avenue Craig Street, from 10th Street to Brownlee Blvd. Buford Street, from 10th Street to Brownlee Blvd. Hancock Street, from 10th Street to Brownlee Blvd. Coleman Street, from 10th Street to Brownlee Blvd. Assistant City Manager James K. Lontos opened bids on this project from the following companies: Claude Chapman Construction Company; Heldenfels Brothers, Inc.; Maverick Construction Company; Stefek Construction Company; and Backhoe Lease Service, Inc. Mr. Lontos verified that all of the bidders had submitted the required bid security bond and had acknowledged the receipt of Addendum No. 1. Mayor Jones expressed appreciation to the companies that had submitted bids and stated that they will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. * Council Members Leo Guerrero and Frank Mendez arrived at the meeting at 2:14 p.m. during the foregoing bid opening. Mayor Jones called for Action of the Council from the Workshop Session on the following item: Amend the City Code to expand the Water Allocation and Review Committee to six members. ,tes ,alar Council Meeting August 28, 1984 Page 4 A motion was made by Council Member Guerrero that the foregoing action be confirmed, seconded by Council Member Slavik and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; McComb voting, "No"; Kennedy, "absent at the time the vote was taken". City Secretary Read polled the Council for the vote on the ordinance effecting this change and the following ordinance was passed: ORDINANCE NO. 18440: AMENDING CHAPTER 55, SECTION 55-152, OF THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI TO EXPAND THE MEMBERSHIP OF THE ALLOCATION AND REIVEW COMMITTEE TO SIX (6) MEMBERS BY ADDING ONE ADDITIONAL MEMBER WHO SHALL BE A HOMEMAKER CITIZEN OF THE CITY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; McComb, "Nay"; Kennedy, absent at the time the vote was taken. Mayor Jones called for consideration of the Consent Motions on the following items: 1. Authorizing bids be received September 19, 1984, for a twelve months supply agreement, with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for approximately 250 mechanical joint gate valves and flanged -end gate valves ranging from 4" to 36" to be used by the Water Division and stored in the Warehouse. Estimated expenditure $80,635. 2. Authorizing bids be received September 19, 1984, for a twelve months supply agreement, with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for automatic transmission overhaul repair service for automobiles and light trucks. Service will be utilized by all departments of the City. Estimated expenditure $22,000. This bid invitation includes requirements for Nueces County under a cooperative bid request. Mayor Jones referred to item 2 and inquired of the City Manager if the practice of allowing employees to loan supplies had been discontinued. City Manager Martin replied in the affirmative and stated that it can now only be done with the authority of the City Manager and the Assistant City Manager. utes 3ular Council Meeting August 28, 1984 Page 5 3. Authorizing bids be received September 19, 1984, for traffic equipment for McKinzie-Haven intersection. This equipment the 1984/85 Capital Outlay. 4. Authorizing bids be received September 19, 1984, for one (120) high intensity beam, rechargeable flashlights for the Division. Estimated expenditure $9,120. signal control is included in hundred -twenty Police Uniform 5. Authorizing bids be received October 10, 1984, for a sanitary landfill scraper for the Sanitation Division. The bid includes the purchase or lease of equipment with five (5) year maintenance program. This unit will replace a 1972 scraper currently in use and included in the bid as a trade-in. Funds are available in the 1984/85 Revenue Sharing Budget. Estimated expenditure $250,000. 6. Approving a twelve months supply agreement with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for normal strength concrete mix based on low bid to Stone Company for an estimated annual expenditure of $17,500. Prices have decreased approximately 5% since last contract, June 1983. Four bid invitations were issued and two bids were received. 7. Approving a twelve months supply agreement, with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for galvanized and black pipe fittings, based on low bid to PFV Supply Company, for an estimated annual amount of $19,527.63. Five bid invitations were issued and four bids were received. Bids have increased approximately 3% since last contract of June, 1983. 8. Approving a twelve months supply agreement, with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for water treating chemicals, as follows: a. Awards based on low bids: Tennessee Chemicals, Company Ground Ferric Sulphate Est. 3246 Tons @ $158.57 Total: $514,718.22 b. Award based on casting of lots: Carus Chemical Company Potassium Permanganate Est. 174,000 lbs. @ $1.03 Total: $179,220 American Cyanamid Company, or Nalco Chemical Company Liquid Cationic Polymer Coagulant Est. 135,000 lbs. @ $1.35 Total: $182,250 GRAND TOTAL: $876,188.22 rtes ,ular Council Meeting August 28, 1984 Page 6 Twenty bid invitations were issued and thirteen bids were received. This is a supply agreement which allows for the purchase of these chemicals based on need. ** Council Member Charles Kennedy arrived at the meeting at 2:25 p.m. Mayor Jones referred to item 8 and inquired about the procedure for casting of lots for bid award on the two companies listed on 8b. City Secretary Read explained that the procedure is to have someone select by drawing the name of one of the companies to which the award is then made. Following this selection, it was determined that the bid award would be made to Nalco Chemical Company. 9. Approving an installment payment agreement for an IBM 3880 disk controller and an IBM terminal control unit to support the data processing mainframe operations. Funds for this equipment are included in the 1984/85 Budget. 10. Approving the purchase of micro computer equipment for the South Texas Library System, based cn low bids as follows: Computer Command Corp. 3 ea. micro computers 3 ea. color monitors 1 ea. printer; software & training Total: $5,837 GRAND TOTAL: $6,067 Vosco International 1 ea. Token operated system Total: $530 Fifteen bids invitations were issued and five bids were received. The South Texas Library System is providing the funds for this purchase. 11. Plans and specifications be approved and bids be received on September 25, 1984, for the Maintenance Services Building to be erected at the City Service Center. This project provides for the dismantling, transporting and reerecting of a 4,000 square foot pre-engineered steel building recently purchased by the City in the four block City Hall Site Acquisition project. The Maintenance Services Division will operate out of the building. 12. Authorizing the acceptance of the preliminary engineering reports for Waldron Road from South Padre Island DRive to Prude Road and Agnes Street frcm Old Robstown Road to Port Avenue. These reports were prepared by Goldston Engineering Company as part of the scope of the 9th Year Community Development Block Grant Program for the purpose of identifying costs and other related factors in the reconstruction of these two roadways for future Capital Improvement Program planning purposes. ates jular Council Meeting August 28, 1984 Page 7 13. Authorizing the following actions relative to the Bayfront Plaza Convention Center: (1) Change Order No. 1 to the Convention Center Signs and Lobby Improvement project providing for a substitution for the controller for the electronic signs in the amount of $13,950 be approved; (2) A settlement with the SHWC architectural firm in the amount of $6,669 be approved as compensation for prior professional services on the Bronze Pelican Study. Mayor Jones referred to item 13 as it addressed the Bronze Pelican Study and inquired if that statue was still available as a gift. Assistant City Manager Tom Utter explained that there were problems with that particular project in that the reflecting pool was supposed to be a gift and the donors have not been willing to move forward. Assistant City Manager Bill Hennings stated that it was no longer available. Council Member Mendez referred to item 12 and stated that he is very pleased that the engineering reports on these streets have been completed, noting that the residents of that area will be very grateful. 14. Authorizing a revocable easement grant to Cliff Zarsky, President of Cliff Zarsky Texan Homes, Inc., providing for the installation of a 3" private water line in St. Joseph Street for the purpose of conveying private well water between Blocks 1 and 2 of the Highland Oaks Town Home development and providing for a fee of $150. 15. Authorizing a public hearing be scheduled for September 18, 1984, on the closure request of approximately 13 miles of unopened, unimproved, dedicated street rights-of-way in the Artemus Roberts Subdivision in the Annaville portion of the City. A motion was made by Mayor Pro Tem Turner that items 1 through 15 be approved, seconded by Council Member Mendez. Mayor Pro Tem Turner stated that Mr. Cliff Zarsky had pointed out to her that the City Manager has the authority to approve easements for oil and gas lines but not for water line improvements because they require Council approval. She inquired of the necessity for this approval. Assistant City Manager Lontos explained that the City Council adopted a policy by which revocable easements must be approved by the City Council; there is a charge for them; and that it was his understanding that any revocable easements for any type of lines must be approved by the City Council. On a related matter, Council Member Kennedy referred to private water wells and inquired about the type of permit necessary. rtes ,ular Council Meeting August 28, 1984 Page 8 Mr. Hennings explained that if it is over 200 feet deep, a drilling permit is required which is obtained from the Petroleum Inspector. Mayor Jones called for the vote on the motion to approve the Consent Motions and it passed unanimously. Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings. Mayor Pro Tem Turner referred to item 16 authorizing a contract for the construction of the new Central Public Library and stated that she has some questions about spending so much money for inspections, testing and contingencies. Mr. Lontos explained that the City will employ an inspector full-time for this particular job. City Manager Martin elaborated by explaining that architects are concerned with a certain part of the project but they do not have a full-time inspector on each job and the City intends to have someone on duty during the entire construction period. Mayor Jones inquired about the anticipated date of the groundbreaking, and Mr. Hennings stated that it will be on the afternoon of September 18th. City Manager Martin reminded the Council that the opening of the Five Points Fire Station will be on September 4th. Mayor Jones referred to Ordinance No. 17 pertaining to the automated parking lot revenue conrol system and inquired about future maintenance of the system. Assistant City Manager Lontos replied that the contract does not provide for future maintenance because there is a warranty of one year and beyond that, the City will have to sign annual maintenance contracts. Mayor Jones stated that he would like to have a report on the maintenance after the warranty period is over. Council Member Brown referred to Ordinance No. 18 authorizing the reimbursement for the installation of an 8" diameter water distribution main in connection with the development of the Annaville addition. City Manager Martin explained that it is a larger size water line than is required for this project and that is the reason that the City has to participate in the cost of oversizing. rtes ,ular Council Meeting August 28, 1984 Page 9 Council Member McComb also referred to Item 17 on the automated parking lot revenue control system at the Airport and asked about the location of the system. Mr. Lontos explained that it will be a computer system that will tie in to the exits and it can be controlled from inside the collection booth or from inside the office. Council Member McComb inquired about the air conditioning of the corridor. He pointed out that since the City allows rental cars, taxicabs and limousine service vehicles to park right at the front of the Airport, it is difficult to find short-term parking space for loading and unloading. He suggested that some space be allocated for 15 -minute parking to allow for passengers to load and unload their vehicles. He expressed the opinion that this is very important. Mr. Lontos pointed out that most of the projects that the Council listed as priority items at the Airport have not been funded. He stated that the City Staff has authorized a preliminary design for the concourse improvements and the air conditioning and these items will be before the Council as soon as possible. City Manager Martin informed the Council that if they have other issues that they feel are more important now, someone needs to bring them up. Mayor Jones noted that there is space for unloading vehicles for three minutes only and he was of the opinion that that three-minute limit should be enforced because there is no reason to leave a car unattended because there is short-term parking available for those who need to go into the Airport. Council Member Kennedy stated that the biggest complaint he has received is when a single person drives his vehicle to the airport and has to leave their luggage before parking their vehicle, they are presented with a problem because there are no attendants to carry the luggage into the airport and there is not a good system for the individual who goes out there alone. Mayor Pro Tem Turner indicated her concurrence that this is a major problem. A motion was made by Council Member McComb that the airport status be discussed as an agenda item, seconded by Council Member Kennedy and passed unanimously. Council Member Kennedy then referred to item 16 in regard to the construction of the library and noted that it was his understanding that not all of the alternates could be included in this because of the lack of funds. He inquired about the No. 5 alternate which will not be funded. ites ,ular Council Meeting August 28, 1984 Page 10 City Manager Martin explained that Alternative 5 was a deductive item. He stated that the City plans to appropriate $3.6 million; there is about $3 million in the fund; the first option is that there is a need to consider furniture, shelving, etc. He stated that the Staff is of the opinion that cost estimate should also be taken to examine the possibility of completing the third floor now instead of five to ten years later and the City wants to obtain a cost estimate on that. He reminded the Council that the Friends of the Library are raising voluntary donations for other ammenities to be included in the library. He stated that he was of the opinion that funds would be available for a first class facility. Council Member Brown referred to Ordinance No. 21 which authorizes a contract for line cleaning and sludge removal of the Horne Road and Water Street trunk sanitary sewers. He asked about the date this will begn and how long it will require, and Mr. Lontos stated that it will require about three months and they are evaluating at this time the best place and time to start. Council Member Mendez referred to Ordinance No. 27 which is the first reading amending the Platting Ordinance to clarify payment of lot acreage fees and inquired if it is necessary to pay that acreage fee every time land is replatted. Mr. Lontos stated that it is not and this item is just to clarify this. Mr. Larry Wenger, Director of Planning, stated that if a person replats and they have already met the acreage fees, they would not have to pay those fees again. There were no further questions from the City Council nor from members of the audience. City Secretary Read polled the Council for their votes on the Consent Ordinances and the following were passed: 16. ORDINANCE NO. 18431: AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE HAYLEY CORPORATION OF TEXAS AND RICHARD I. HAYLEY, A JOINT VENTURE, FOR THE CONSTRUCTION OF A NEW CENTRAL PUBLIC LIBRARY; AUTHORIZING THE EXECUTION OF A CONTRACT WITH GULF COAST TESTING CORPORATION FOR TESTING SERVICES; APPROPRIATING $3,606,000 AND $18,500; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". lutes gular Council Meeting August 28, 1984 Page 11 17. ORDINANCE NO. 18432: AUTHORIZING THE EXECUTION OF A CONTRACT WITH SECOM FOR THE PURCHASE AND INSTALLATION OF AN AUTOMATED PARKING LOT REVENUE CONTROL SYSTEM AT THE AIRPORT; APPROPRIATING $72,265; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 18. ORDINANCE NO. 18433: AUTHORIZING REIMBURSEMENT TO SOUTHFORK PARTNERSHIP V FOR INSTALLATION OF APPROXIMATELY 380 LINEAR FEET OF 8 -INCH DIAMETER WATER DISTRIBUTION MAIN; APPROPRIATING $2,466.10; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 19. ORDINANCE NO. 18434: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JAMES R. EWING AND E. H. MOORE, PROVIDING FOR CITY PARTICIPATION IN DEVELOPMENT OF A PORTION OF WEBER'S GLEN SUBDIVISION FOR PARK PAVING IMPROVEMENTS ON SUN VALLEY DRIVE AND CEDAR PASS DRIVE; APPROPRIATING $16,182.19; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 20. ORDINANCE NO. 18435: AUTHORIZING REIMBURSEMENT TO E. H. MOORE AND J. R. EWING FOR INSTALLATION OF APPROXIMATELY 4,191 LINEAR FEET OF 12 -INCH DIAMETER WATER GRID MAIN; APPROPRIATING $81,256.42; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 21. ORDINANCE NO. 18436: AUTHORIZING THE EXECUTION OF A CONTRACT WITH JOHN G. HOLLAND CONSTRUCTION AND SHUR-FLO, INC., DBA SLIPLINERS, FOR HORNE ROAD/WATER STREET SLUDGE REMOVAL PROJECT; APPROPRIATING $140,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". Utes ,ular Council Meeting August 28, 1984 Page 12 22. ORDINANCE NO. 18437: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. AND MRS. LAURO M. CUELLAR, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 13, BLOCK 38, SOUTHSIDE ADDITION NO. 4, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 23. ORDINANCE NO. 18438: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. AND MRS. G. A. ESPARZA BY GRANTING A SPECIAL COUNCIL PERMIT FOR A ONE CHAIR BEAUTY SHOP ON LOT 4, BLOCK 3, WESTWOOD VILLAGE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 24. ORDINANCE NO. 18439: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MICHAEL PALL BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN AUTO DISMANTLING OPERATION ON LOT 2, SWACO TRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 25. FIRST READING: AMENDING SECTIONS 53-252, SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, OF THE CODE OF ORDINANCES BY ADDING DIFFERENT STREET SECTIONS TO THE SCHEDULES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "ab Sent at the time the vote was taken". 26. FIRST READING: AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH MIKE F. HELTZEL AND CARROLL A. HELTZEL FOR THE CLEM'S MARINA BAITSTAND ON THE KENNEDY CAUSEWAY WHICH DELETES THE REQUIREMENT FOR PROVISION OF BOAT REFUELING FACILITIES PRIOR TO SEPTEMBER 1, 1984. utes 3ular Council Meeting August 28, 1984 Page 13 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". 27. FIRST READING: AMENDING SECTION V.B.5.(i) OF THE PLATTING ORDINANCE PERTAINING TO EXEMPTIONS FOR LOT/ACREAGE FEES BEING DEPOSITED IN THE SANITARY SEWER TRUST FUND; AMENDING SECTION V.B.6.(i) OF THE PLATTING ORDINANCE PERTAINING TO EXEMPTIONS FOR LOT/ACREAGE FEES BEING DEPOSITED IN THE WATER TRUST FUND; AND DECLARING AN EMERGENCY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent at the time the vote was taken". Mayor Jones called for consideration of the Action by Motion from the following items from the Regular Agenda. 28. Approving the recommendations of the Ad Hoc Water Advisory Committee, as presented and reviewed in the morning workshop session, relative to the alternative water resources plan. Mayor Jones stated that he would like to make the observation that he did not think the City had wasted any time by appointing this Committee to perform the study of alternative water resources plan. City Manager Martin stated that he completely agreed, noting that the Committee has been meeting quite often and he was of the opinion that it has provided a positive tool to help the City move forward. He stated tht it is necesary to take action whenever they deem it is necessary. City Manager Martin stated that he had a special posting to add as an emergency on the following related subject: 1. Approving a lease agreement with Datasonic, Inc., of Maine, for one month's use of a seismic profiling transducer at a cost of $5,500. This equipment will be used by the U. S. Geological Service to conduct a more detailed survey on the volume of Lake Corpus Christi. Because of the need to proceed with the U.S.G.S. study, we are not soliciting bids for lease of this equipment. The equipment can be leased for $5,500 or purchased for $23,000. However, we recommend that the equipment only be leased at this time. A one month lease will be sufficient time to conduct the study, according to U.S.G.S. Lutes ,gular Council Meeting August 28, 1984 Page 14 Mayor Pro Tem Turn patiently for this Coun and she asked that the upon during the morning er stated that she felt that the public has been waiting cil to take some action to alleviate the water shortage Mayor relate the items that were discussed and agreed Workshop Meeting which will be a part of this motion. Mayor Committee, considered Jones then read the recommendations of the Ad Hoc Water Advisory copy of which is attached to the official copy of the Minutes and to be a part hereof. A motion was made by Mayor Pro Tem Turner that the foregoing item no. 28 be approved, seconded by Council Member Guerrero. Mayor Pro Tem Turner commented that Mr. Head stated that they have devoted a great deal of time to this, and City Manager Martin stated that this stage of the feasibility study will be completed within a two-month period and periodic reports will be provided the Council. Mayor Jones recognized representatives of Datasonic, Inc. who were in the audience who stated that they felt that their proposal was clear and they are just waiting for the Council to act before they can begin their study. Mayor Jones called for the vote on the motion to approve item 28 and it passed unanimously. 29. Ratifying the contract with Naismith Engineers, Inc. for engineering services related to the acquisition of well water supplements, and amending the contract with E. L. Reed for additional consulting services related to the acquisition of well water supplements. The Naismith contract, executed last week, is based on hourly rates. The initial work is expected to cost less than $12,000. The E. L. Reed contract will be extended to allow for additional services as necessary and as approved by the City Manager. A motion was made by Council Member Mendez that the foregoing action be approved, seconded by Mayor Pro Tem Turner and passed unanimously. 30. Approving the recommendation of the Cable Communications Commission to move religious access programming from Channel 10 to Channel 18. If the Public Education Access Channel Council does not agree with the Commission's recommendation within 90 days, then religious access programming will be moved to Channel 29. If the Public Education Access Channel Council agrees to relinquish Channel 18 to the Religious Access User Group, then Channel 29 will become the designated access channel for the Public Education Access Channel Council. A motion was made by Council Member Guerrero that item 30 be approved, seconded by Mayor Pro Tem Turner. lutes ,gular Council Meeting August 28, 1984 Page 15 City Manager Martin provided an explanation by stating that this is just to resolve the concern about moving the religious access group to this lower channel. He stated that everybody has agreed to this. No one in the audience indicated that they were opposed to the recommendation. The motion to approve item 30 passed unanimously. 31. Recommended denial of an appeal by Hipp -Holland, Developers of the Esplanade, to modify the required street design for a proposed office and commercial development. Council Member Guerrero stated that he had examined the plan approved by the City and had looked at the plan suggested by Hipp -Holland and he did not see that much difference and saw no reason to deny their appeal. City Manager Martin stated that the City Staff would like to make a presentation to explain why they are opposed to making the exceptions requested by Hipp -Holland. Mr. Tom Stewart, Director of Transportation, informed the Council that the developers of the Esplanade, a 49.54 acre proposed office and commercial development, is appealing the street design recommendation by the Staff for this subdivision. He referred to the July 17th meeting at which time, the developers made a lengthy presentation and explained that they planned a ten -story office building, a five -story office building and garden type offices throughout this project, and stated that the Staff is in support of the project. He reminded the Council that they had earlier had some questions about extending the street to Wooldridge Road but this was approved by the City Council. He explained that based on the density of the proposed development and the zoning that was approved, the Staff anticipates a great deal of traffic generated and the estimated number of vehicles trips generated could ultimately reach 30,000 vehicles per day. As a comparison, Mr. Stewart noted that Padre -Staples Mall, which is a major shopping center, generated 23,400 vehicle trips daily during a study made several years ago. Mr. Stewart continued by stating that although the Transportation Plan calls for a collector street through this area, the City Staff feels that it will be more of an arterial type of street traffic. He stated that the Staff would like to work with the developer to incorporate good landscaping in the median of the street section, but they feel that the median section should be wide enough to provide left turn lanes at the median openings; therefore, the Staff recommends that the median be changed and that is the only difficulty that the Staff has had with the developer. Mr. Stewart then displayed a transparency of a typical street design with a median, stating that the Staff would like them to install a 20 -foot median that would include a left turn lane at the utes jular Council Meeting August 28, 1984 Page 16 intersections and it would not require as much right-of-way as the median that the developer has planned. He stated that the Staff further recommended further changes in connection with the median and even though they recommend the 20 -foot median, it could be decreased to possibly fourteen feet. He expressed the opinion that the Staff recommendation would provide an attractive landscaped median which would be safer and more practical. Also addressing the Council was Mr. Lon Hipp, one of the developers of the Esplanade. He referred to the explanation provided by Mr. Stewart and questioned the estimate that 30,000 vehicle trips will ultimately be generated by this development. He noted that 16,000 vehicle trips per day were the original estimate and he had a difficult time seeing an estimated 30,000 vehicles in their development when traffic counts have indicated that 34,560 vehicle trips per day are generated at the intersection of Weber and South Padre Island Drive. Mr. Hipp agreed that a four -lane collector street would be required to serve the Esplanade but according to the Master Transportation Plan, it is stated that a collector street is forty feet of paving and curb and it designates that two of those lanes will be parking lanes and there would be only two lanes of moving traffic. Mr. Hipp continued by stating that he agrees that the City Staff and the developers should work together but sometimes this is very difficult, noting that they have received a list of twenty-three items from the City Staff of things that they would like for them to do in this subdivision. He stated that he and his associates had offered to construct four driving lanes with a fourteen foot median from the inside of the curbs of the median. He reiterated that the Master Transportation Plan calls for certain things and they have offered to do more than that required by this plan. He expressed the opinion that the Staff actually wants an arterial street whereas it should be a collector street. Council Member Kennedy asked the Staff about the 30,000 trip estimate on vehicle travel on the street in the subdivision development, and Mr. Stewart replied that the 30,000 trip estimate is not on any one street -- it is traffic coming from all three access streets into the Esplanade. He explained further that the Staff estimates 20,000 vehicle trip maximum on the main boulevard; that would be an arterial street; the Transportation Plan is not being interpreted properly because it calls for a 48 -foot street. He explained that the green color on the Master Transportation Plan refers to collector streets which vary in width from 40 feet to 48 feet. Council Member Kennedy made the observation that no one has expressed opposition to the total width of the street and the only problem seems to be with the median and how it will be designed. He inquired if it would be possible to construct this so that peak areas could be modified with the median set-up if the need presents itself. Mr. Stewart stated that that depends upon what is installed on the median. lutes gular Council Meeting August 28, 1984 Page 17 Council Member Kennedy then inquired if the median could be removed later if the need arises for a left turn lane or if the curbs could be installed so that they could be cut. City Manager Martin stated that he is not sure what more can be added to Mr. Stewart's presentation. He stated that he could not be convinced that left turn lanes are needed now, but in the future they might be necessary and the Staff would just like to have the capability of installing a left turn lane if they should be needed in the future. Mr. Hipp inquired if the Staff expects the developer to maintain the median which may be torn up later. City Manager Martin pointed out to Mr. Hipp that he had offered to do that during a discussion in his office at the time the matter was first considered, and Mr. Hipp agreed. City Manager Martin continued by stating that if the City does not have the right-of-way, they cannot solve any problems and he is convinced that the boulevard extending from Wooldridge to Staples will provide a cut through for many people, even those who are not visiting offices. Mayor Jones pointed out that they plan to install a ten -foot eleven -foot inside lanes on the street with the outside lanes to feet for a total of seventy-four feet, yet the Staff recommends a foot street. He asked Mr. Hipp to indicate why he objects to this. Mr. Hipp explained that their plan is more than adequate; landscaping and will provide a good buffer in the median; and they the street in accordance with the Platting Ordinance. Mayor Pro Tem Turner stated that she did not have Espanade design and inquired if it would be possible in traffic with signs or speed limits. island with be thirteen seventy-two ten feet of are planning any problem with the the future to control City Manager Martin pointed out that regardless of traffic generated, there are three 800 -car garages in the Plan; there are three places at which 800 cars will have to make left turns into heavy traffic; and that is the reason the City would like to have left turn lanes. He pointed out that the median from curb to curb would provide enough space for a left turn lane and he was of the opinion that the records should reflect that the City may deem it necessary to install left turn lanes at some time in the future. Mayor Jones inquired as to who designed the Master Transportation Plan, and Mr. Stewart replied that it is jointly prepared by the City, State, County, Portland and San Patricio County. lutes gular Council Meeting August 28, 1984 Page 18 City Manager Martin explained that Mr. Stewart is indicating that if it may be necessary to remove the curb, remove the landscaping and install a left turn lane if required in the future. A motion was made by Council Member Guerrero that the appeal by Hipp -Holland to modify the required street design for the Esplanade be granted, seconded by Mayor Pro Tem Turner and passed unanimously. 32. Approving the following omnibus legislative policy to guide the City in its efforts to respond to issues as they may appear at the State Legislature. Statement of Policy a. The City Council will determine the City's position on all legislative issues. b. The City's Boards and Commissions may not represent in oral testimony or in writing a position on legislative matters unless that position is first approved by the City Council. c. Positions on legislative matters emanating outside of the City Council but within the City's governmental framework shall be submitted to the City Manager for review prior to consideration by the City Council. d. Legislative positions approved by the City Council shall be communicated to the Nueces County legislative delegation, to the legislation in general, and/or to the appropriate legislative committees by members of the City Council, the City Manager or staff persons designated by the City Manager or by consultants retained by the City Council. e. As a general policy the City will; 1. Oppose legislation that: a. Will undermine the principle of Home Rule and local self-government. b. Mandates increased costs to cities. c. Results in loss of revenue to cities except where local option is provided. d. Results in diminishing the authority of cities to regulate and manage their growth and development. e. Proposes to change the City's policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City's ability to manage its own affairs; and f. (Additional item added - see page 19) utes jular Council Meeting August 28, 1984 Page 19 2. Support legislation that: a. Will increase City revenue through alternate methods of taxation, such as hotel -motel tax, sales tax, etc. as long as a local option is provided. b. Reduce costs to the City. c. Provides more local control. d. Protects those policies previously established through the Charter, ordinances, resolutions, and master plans. City Manager Martin briefly explained the items listed, stating that the City Council should determine City policy. He referred to Section "e" which establishes a general policy, explaining that frequently items come up and there is not always enough time to consult the City Council and that is why they have requested authority to oppose bills if they would be detrimental to the City and its local option. Mayor Pro Tem Turner stated that she supports all of these but she would suggest adding an item "f" under 1 pertaining to the water shortage to read as follows: "Legislation that would prohibit the City of Corpus Christi from obtaining water from other water basins". There were no comments from the audience on this item. A motion was made by Mayor Pro Tem Turner that item 32 be approved, seconded by Council Member Brown and passed unanimously. Mayor Jones called for Action by Ordinance on the folowing item from the Regular Agenda: 33. Amending Chapter 55, Article XII, Water Conservation, of the Code of Ordinances of the City of Corpus Christi, to add a new section establishing regulations for distribution of wastewater effluent and establishing permit fees. Council Member Guerrero referred to the memorandum from Mr. James van Havermaat, General Superintendent of the Wastewater Services Division, and stated that he had briefly discussed this with the City Manager and he would like to make the following changes in the recommended permit fees: (1) that the 500 to 1,000 gallon $50 permit charge be reduced to $10 a month for a minimum of three months for every carrier of effluent; (2) that each additional 1,000 gallons or fraction thereof have a $5 fee for a minimum of three months; and (3) in order to address the problem of users who are not in the commercial business and do not object to waiting to fill their tanks, that the Broadway Wastewater Treatment Plant be designated as a plant that does not require a permit and from which effluent may be obtained free. He suggested that the Broadway Wastewater Plant be used for a no -paying station that requires no permits, and (4) that this permit process begin September 1, 1984. lutes .gular Council Meeting August 28, 1984 Page 20 City Manager Martin addressed Mr. Guerrero's first suggestion and stated that the $10 a month payment for the initial 1,000 gallons be paid quarterly to comply with his suggested three month minimum. Mayor Jones then asked about the requirement that the operators be certified by the Health Department, and City Manager Martin stated that this will be done as quickly as possible. Council Member Mendez pointed out that he was of the opinion that the ordinance is written so that everyone has to have an operator's permit. Council Member Kennedy expressed the opinion that everyone should have to have an operator's license because of health reasons. Mayor Jones inquired as to how long it takes to train an operator in the use of effluent, and City Manager Martin stated that it would only require about five minutes because all they have to do is read the instructions. Mayor Pro Tem Turner, who had departed the Council Chamber briefly, returned, and Mayor Jones requested that Council Member Guerrero repeat his suggested amendments to the ordinance. Council Member Guerrero explained that the changes he proposed are as follows: (1) change the $50 fee for the 500 to 1,000 gallon tank to $10 per month for a minimum of three months; (2) each additional 1,000 gallon fee would be changed from $25 for six months to $5 per month for a minimum of three months; and (3) no permits or charges will be required for those using the Broadway Wastewater Treatment Plant to pick up effluent, and (4) that the permitting begin on September 1st and each permit be for the tank and not the truck. Council Member Guerrero's motion was seconded by Council Member Mendez. Mayor Pro Tem Turner expressed the opinion that a permit system is needed and the purpose is to have some accountability of those who pick up effluent and this permit requirement would educate the driver to eliminate misuse. She expressed the opinion that the City should only request enough money from the permits to keep the system in operation. She stated that she was of the opinion that the City should charge a one-time fee for each vehicle for 1984. Council Member McComb stated that he did not know it would be this difficult to give things away and stated that he felt that provisions should be made at the Cso Water Reclamation Plant for a free pump station because that is the heaviest loading point. He stated that a number of people are using wastewater effluent on their yards and they are people who are paying for their water and for a sewer charge. He stated that he felt that the real concern should be the wear and tear on City streets, particularly the damage inflicted by heavy trucks. lutes .gular Council Meeting August 28, 1984 Page 21 Council Member Mendez pointed out that a lot of people are hauling effluent water and he felt that the recommendation as proposed by Council Member Guerrero should be approved today and that this not be discussed for three months, at which time, changes can be made as necessary. Council Member McComb pointed out that there will be one additional pump installed at the Oso and he was of the opinion that it should be free. Mayor Jones stated that he would like to review Council Member Guerrero's motion one more time before calling for the vote. Council Member Guerrero stated that he is recommending in his motion that instead of the $50 permit fee for six months, that a $10 a month fee be charged for a 500 to 1,000 gallon container for a minimum of three months. Mayor Jones stated that it would be a $10 minimum for each carrier. Council Member Guerrero stated that for each additional 1,000 gallons, a $5 monthly fee would be charged for a minimum of three months also. Mayor Jones inquired if Mr. Guerrero had recommended that the Broadway Plant be free and Council Member Guerrero indicated that that was a part of his motion also. Mayor Jones then inquired if he meant "no permit or fee" for those using the Broadway Wastewater Treatment Plant and Council Member Guerrero indicated his concurrence. Mayor Jones stated that his solution would be to leave the system alone because he felt that it is working now and this ordinance is just going to add more problems. Council Member Kennedy referred to the memorandum as it pertains to certification by the Health Department for the drivers of the distribution equipment. He asked where this will be done, and City Manager Martin stated that that has not been worked out but he would assume at the Health Department. Mayor Prc Tem Turner stated that she agreed that the City should not create more of a bureaucracy in connection with this. Mayor Jones called for comments from the audience. Mr. Robert Lanthor stated that he has been providing water for people and he did not think that there were that many people who are trying to make a living hauling wastewater. He pointed out that the water has been previously paid for by the homeowners and most people pay a wastewater charge. He stated that he did not really have a problem with issuing permits, but he did not believe that there is a consensus that there is a waiting problem at the Oso. He stated that the owners of the tanks load the equipment themselves and he felt that the people who are requesting this ordinance are wrong in requesting the permit fees. lutes .gular Council Meeting August 28, 1984 Page 22 City Manager Martin explained that the permit fee would be very minimal. Mayor Jones called for the vote on the motion to approve No. 33 as amended by Council Member Guerrero. City Secretary Read polled the Council for their votes on the ordinance as amended and it passed as follows: 33. ORDINANCE NO. 18441: AMENDING CHAPTER 55, ARTICLE XII, WATER CONSERVATION, CITY CODE OF THE CITY OF CORPUS CHRISTI, TEXAS, AS AMENDED, TO ADD A NEW SECTION 55-155, EFFLUENT DISTRIBUTION -PERMIT AND REGULATIONS; ESTABLISHING A PERMIT SYSTEM FOR EFFLUENT DISTRIBUTION; SETTING A PERMIT FEE; ESTABLISHING CONDITIONS AND PROCEDURES; PROVIDING AN EXCEPTION FOR THE BROADWAY TREATMENT PLANT; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1984; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Berlanga, Brown, Guerrero, Kennedy, and Mendez voting, "Aye"; Jones, Turner, McComb and Slavik voting, "Nay". City Secretary Read stated that the ordinance passed by a vote of 5 to 4. Mayor Jones announced the public hearing on three zoning applications: 34. Application No. 784-9, Mr. Tom Taylor: For a change of zoning from "AT" Apartment Tourist District to "B-2" Bayfront Business District on Lot 12, Block 46, Section A, Padre Isles, located on the northwest corner of Whitecap Boulevard and Windward Drive. Assistant City Manager Tom Utter informed the Council that in response to the seven notices of the public hearing, two in favor, one in opposition and one from outside the area of notification in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend approval. Mayor Jones ascertained that no one in the audience wished to speak in opposition to this zoning application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. Council Member Slavik asked for an explanation of the letters of opposition, and Mr. Utter provided that explanation. lutes 3ular Council Meeting August 28, 1984 Page 23 City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 34. ORDINANCE NO. 128442: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TOM TAYLOR, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 12, BLOCK 46, SECTION A, PADRE ISLES, FROM "AT" APARTMENT TOURIST DISTRICT TO "B-2" BAYFRONT BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Pule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 35. Application No. 784-7T, Nueces County Hospital District dba Memorial Medical Center: Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.71 setting forth a classification of "B-4" General Business District on a described tract of land when annexed to the City of Corpus Christi, Texas, being 49.78± acres out of Lots 1, 2 and 3, Section 10, and Lots 30, 31, and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts. Mr. Utter informed the Council that in response to the four notices of the public hearing, three in favor and one in opposition had been returned. He stated that the Planning Commission recommends approval of the request but the Staff recommends denial and in lieu thereof, that "R -1B" zoning be granted with a special permit for any hospital uses with a three-year time period for constrution to begin. He stated that this is somewhat different from the normal special permit because they usually recommend a definitive site plan, but the Staff has no problem with the location of a hospital here, however, if the property were sold for use as a major commercial center such as a shopping center, then there would be some control with a special permit. He stated that that is the reason that the Staff is recommending a special permit for medical -related facilities only. Mr. Johnny Cotten, of Cotten -Landreth and Associates, representing the Memorial Medical Center, addressed the Council and stated that they definitely do need "B-4" zoning. He stated that there is a great deal of interest in this zoning case and introduced members of the audience who are associated with the Memorial Medical Center facility. He pointed out that the Planning Commission unanimously recommended "B-4" zoning and stated that "8-4" zoning is not necessary for a hospital site but they requested "B-4" to provide flexibility and they cannot accept a special permit because it has a requirement for a site plan and it is difficult to adhere to a site plan because things change very quickly and the developers would like to have the flexibility in their planning allowed by "B-4" zoning. He agreed that Mr. Utter had stated that the special permit for the three-year period to begin construction would be unrestrictive lutes gular Council Meeting August 28, 1984 Page 24 but Mr. Cotten stated that he questioned whether that was true or not. He stated that the developers object to spending this much money on a permanent structure with only a special permit. He expressed the opinion that the area to the west and north should be allowed more flexibility. He pointed out that this would be a County Hospital where patients' families have to rest and they might decide to construct a motel or restaurant to support the operation of the hospital and that is the reason they want the "B-4" zoning. Mr. Cotten continued by stating that the hospital would like for the seller of the property to be available to cooperate on the construction of the hospital for the benefit of both the hospital and the adjacent property owners. He then expressed the opinion that the "B-4" zoning is compatible with other uses on South Staples Street and he felt that granting "B-4" zoning on this property would discourage "R -1B" development in the area. He assured the Council that this is a County -owned hospital that is totally interested in developing a new hospital and they definitely plan to build the facility. He assured the Council that there is no speculation involved in this land acquisition. He stated that there was a comment from the Planning Department that their previous proposed location was too far from South Staples Street; therefore, they moved it closer to that street. He then displayed a conceptual drawing showing the location of the proposed hospital. The next speaker was Mr. Wheeler Lipes, President of Memorial Medical Center who explained that the Board of Directors is the governing body of the Hospital District and after careful discussion, they decided to purchase the land under discussion today. He stated that this is a plan to provide a Hospital system, not just a building. He explained that the funding of the project is important and the fact is that the taxes paid by citizens are for indigent patients and the bonds are guaranteed by the credit of Memorial Medical Center. He explained that the hospital's decision to expand their operation to the southside is because they are in a business and if they do not maintain their share of the market of paying patients, Memorial will be in trouble in the future. He explained that the paying patients help pay for care for the indigent and if there are more paying patients, that relieves the burden on the taxpayers. Mr. Lipes further explained that Memorial Medical Center now has 501 beds; there is a decline in occupancy with the encouragement of out-patient care; their plan is to transfer 120 beds to the south side; and at Memorial Medical Center, there are not enough rooms to provide the required private rooms which most people prefer, He summarized by stating that the south side hospital is needed to keep Memorial competitive. Council Member Kennedy inquired about the number of years Memorial has to build the hospital before the land reverts back to its original owner and Mr. Lipes explained that if they do not build on the land, then the seller has the first right of refusal to purchase the land. He assured the Council that they do intend to build that hospital as soon as they have everything approved and there is no intent to purchase the land for resale. utes gular Council Meeting August 28, 1984 Page 25 Council Member Kennedy inquired as to when the election will be conducted for approval of the hospital, and Mr. Lipes stated that this will be done as soon as they obtain the costs. Council Member Kennedy stated that he has no problem with the "8-4" zoning as long as the hospital owns it, but he did have a problem if the hospital does not build it. He stated that he could not vote for "B-4" zoning and he will vote only for some kind of contingency to allow for a specific period. He pointed out that if the hospital is not built there, this land should not be zoned "B-4". He explained that once ground is broken to actually construct the hospital, then he has no problem with the "B-4" zoning, but at this time, no one is completely sure that it will actually be constructed, particularly if the electors do not approve it. Mr. Utter explained that it is entirely possible to have a special permit for the entire area that could be for hospital or related medical facilities. He pointed out that the applicant is assuring the Council that this is going to be a medical facility; therefore, the City Staff is suggesting that a special permit be approved without the usual requirement for a site plan if construction is started within three years. Mayor Jones inquired about the relationship between the hospital and the seller of the property which was mentioned by Mr. Cotten. Mr. Lipes stated that they have 23.64 acres for the hospital property which is 700 feet off South Staples and the arguments they have made is that they do not want to have a hospital with millions of dollars invested and have the land around it used for other kinds of uses that are not hospital oriented. Mayor Jones stated that he felt that their reservations about special permits are misplaced. Council Member Slavik inquired about the zoning on the existing Memorial Medical Center, and Mr. Lipes stated that they have 26 acres and it is zoned "B-4" Mr. Utter corrected that statement by stating that the present site is zoned "A-2" which is the usual zoning for apartments. Council Member Slavik inquired if the Council could grant a special permit with the understanding that the zoning would revert to "B-4" at the time of construction of the hospital. Mr. Utter stated that he had consulted with Mr. Wenger and they do not think that this could be done. He again stated that they do not object to a related medical facility. He reminded the Council that they could grant a special permit which would contain all of the requirements that are necessary and the permit could be very flexible. He stated that he felt that a site plan should be submitted though showing the streets that go through there and include the requirement that it is limited to specific uses. utes gular Council Meeting August 28, 1984 Page 26 Mr. Lipes inquired if the Hospital District would be involved in writing that special permit, and Mr. Utter stated that Mr. Wenger had just come up with a very good idea in that he suggested a special permit, and at the time that the hospital -owned site has groundbroken, the City would initiate, at its own expense, zoning for "B-4". Council Member McComb stated that he felt that from the hospital's standpoint, the special permit would be more advantageous to the hospital in that they would have control over what would be located there and to ensure that the other uses would be hospital -oriented. Mr. Utter also stated that the Staff does not recommend such large tracts for "B-4" zoning other than at arterial streets. Dr. Roger Byrne, 5756 South Staples, explained that he has some concerns about this and stated that the only contingency as to whether a hospital is built or not is that there must be a Certificate of Need as established by the State. He informed the Council that Humana Hospital is trying to get a south side location and the study made by Mr. Al McRae has designated this location as being the best for a hospital. He stated that if the referendum approving the hospital fails, some other hospital will build a facility on the south side. He expressed the opinion that Memorial Medical Center should be allowed to construct a facility at this location to survive and the "B-4" zoning would allow the developer to plan for hospital related facilities. Mr. Jack Kelso, Attorney representing Rogers Floor Company, stated that property across the street from this location is owned by Mr. Graford Rogers who also has an application for "B-4" zoning pending. He stated that he has not heard any good arguments against the "B-4" zoning and he does not understand the Staff objection. He pointed out that there is already a great deal of "B-4" zoning in the area and summarized by stating that he is in favor of granting the "B-4" zoning. Dr. Bill Swann stated that he is in favor of organized development of South Staples and by planning for this type of development, they can avoid the disruption of neighborhood zoning. Also speaking in favor of granting the zoning was Mr. Graford Rogers of the Rogers Floor Company. Mr. Richard Valasek indicated his concurrence with the "B-4" zoning. Mrs. Sarah Graham, 705 Ashdown, stated that her home is located in Buckingham Estates in this general vicinity. She stated that all of the residents of that area want to be sure that everything out there is well planned growth. She stated that she is in favor of the hospital being in the area, however, the "B-4" zoning prohibits single-family zoning adjacent to the hospital. She stated that there may not be a need for additional housing at this time, but there could be in the future. She also questioned the validity lutes gular Council Meeting August 28, 1984 Page 27 of "B-4" zoning for such a large tract, and although she would like to see the Council encourage the hospital development, she would object to the "B-4" zoning on such a large tract of land. She urged approval of the Staff recommended special permit with the possibility of establishing "B-4" zoning when the hospital is constructed. Mr. Utter reiterated that at all major intersections, the Staff would recommend "B-4" zoning but away from major arteries, the zoning should be principally for residential. Mr. Wenger stated that he agreed with Mr. Utter but stated that he would like to address remarks made by Mr. Cotten in regard to comments that he, Mr. Wenger, had previously made. He stated when they first approached him about the hospital, he stated that it would be better at the intersection of arterial streets. He stated that their plans would require "B-4" zoning, but he did not necessarily recommend "B-4" zoning. He stated that he also hoped that Mr. Wenger is not indicating that there should not be residential zoning backing up to any arterial streets. He agreed that are a lot of businesses on South Staples but if you drive down Staples Streets, you will find that a lot of those business buildings are vacant, particularly in the Six Points area. He reiterated that the Staff recommends a special permit and he thought that a statement could be placed in the special permit that when the hospital breaks ground, the Staff would initiate a change of zoning at that time. Council Member Mendez pointed out that the tract for the hospital is 25 acres and the Staff feels that "B-4" zoning would be required to accommodate the site of the building. He inquired if the tract for the hospital could be zoned "B-4" and the rest of the tract be granted a special permit for hospital related uses. Mr. Wenger stated that the special permit ordinance could include the statement that the City would initiate a zoning application to change the zoning to "B-4" when the hospital breaks ground. Council Member McComb referred to the map that was on display and then made a motion to deny the "B-4" zoning but (1) that in lieu thereof, on the portion of the property not designated for the hospital site be zoned "B-1"; (2) across the street, zoning of "AB"; and (3) a special permit be granted to the hospital and at such time, as the hospital breaks ground, the Staff would initiate a zoning application to change the zoning to "B-4". Council Member Kennedy seconded the motion. Council Member Slavik inquired if this would be acceptable to the Staff, and Mr. Wenger stated that since "B-1" zoning is located across the street and the first portion of the tract would be zoned "B-1", he thought that this would be acceptable to the Staff. lutes _gular Council Meeting August 28, 1984 Page 28 Council Member Guerrero inquired if the Staff were sure that nothing but hospital related facilities would be located there if they would feel comfortable with "B-4" zoning, and Mr. Utter explained that the only way to do that would be with a special permit. Mayor Jones called for comments on Mr. McComb's motion. Mr. Lipes stated that he would still prefer the "B-4" zoning. Mayor Jones stated that he, too, would prefer "B-4" zoning because he trusts the hospital to install nothing that is not related to the hospital. Mayor Jones then called for the vote on Council Member McComb's motion and it failed to pass by the following vote: Kennedy and McComb voting, "Aye"; Jones, Turner, Berlanga, Brown, Guerrero, Mendez and Slavik voting, "No". A motion was made by Council Member Guerrero that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance granting the "B-4" zoning and the following ordinance was passed: 35. ORDINANCE NO. 18443: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, #1-5.71, SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF LOTS 1, 2, AND 3, SECTION 10 AND LOTS 30, 31, AND 32, SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "No". 36. Application No. 784-1, Vestland, a Texas general partnership: For a change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business on Lot 1, Block 2, Glenoak Park No. 2, located on the west side of Waldron Road, approximately 700' north of Glenoak Drive. Mr. Utter informed the City Council that there was no response to the four notices of the public hearing that were mailed. He stated that the Planning Commission recommends denial of the requested zoning and in lieu thereof, that a special permit be approved for a fast food restaurant with the stipulation that no alcoholic beverages will be sold. He stated that the Planning Staff now recommends the same special permit. nutes =gular Council Meeting August 28, 1984 Page 29 Mayor Jones determined that no one in the audience wished to speak in opposition to this zoning application. A motion was made by Council Member Slavik that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance and the following was passed: 36. ORDINANCE NO. 18444: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF VESTLAND, INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR A FAST FOOD RESTAURANT WITH NO ALCOHOL BEING SERVED ON LOT 1, BLOCK 2, GLENOAK PARK NO. 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "absent at the time the vote was taken". Mayor Jones called for the City Manager's Report. City Manager Martin emphasized one item because of the publicity that it has received. He referred to the amount of water in the lake and he stated that the Staff had examined the 1972 studies made of the lake bottom and felt it was safe to make the assumption that the lake bottom had some sharp angles and that they now feel that some of the sharp angles have been rounded off so that they are smooth and to confirm this, they requested that the United States Department of Interior recheck the lake bottom. He then read the response from the Department of the Interior which indicated that no significant displacement of sediment had occurred since 1972. He stated that the Department of the Interior has recommended that the City conduct a full survey of the lake bottom. He reminded the Council that by deciding to conduct the survey, the City was severely criticized for not doing so earlier but the fact is, the results were better than the estimates. Mayor Jones informed the Council that the Chamber of Commerce has requested that the City Council meet with them for one-half a day on a Regular Council Day. Deputy City Manager Ernest Briones stated that the day they have requested for the meeting is October 30, 1984 at which time they have invited a number of people to be in attendance. Mayor Jones explained that the Chamber has requested that the City Council conduct their meeting during the morning on that date and meet with the Chamber in the afternoon. nutes Jgular Council Meeting August 28, 1984 Page 30 City Manager Martin stated that this would be possible as long as the Staff knows this far in advance so that they do not schedule any zoning cases on that date. Council Member Brown suggested that the meeting be scheduled for 8:00 a.m. in order to complete the Council Meeting by noon. A motion was made by Council Member Kennedy that the City Council Meeting of October 30, 1984 be conducted from 8:00 a.m. until 12 noon. The motion passed unanimously. There being no further business to come before the Council, on motion by Council Member Mendez, seconded by Council Member Berlanga and passed unanimously, the Regular Council Meeting was adjourned at 6:30 p.m., August 28, 1984. *